1625-0097 Stat/Authority

§ 1333

TITLE 43—PUBLIC LANDS

1978—Pub. L. 95–372 redesignated subsecs. (a) and (b)
as pars. (1) and (2) and added pars. (3) to (6).

§ 1333. Laws and regulations governing lands
(a) Constitution and United States laws; laws of
adjacent States; publication of projected
State lines; international boundary disputes;
restriction on State taxation and jurisdiction
(1) The Constitution and laws and civil and political jurisdiction of the United States are extended to the subsoil and seabed of the outer Continental Shelf and to all artificial islands, and all
installations and other devices permanently or temporarily attached to the seabed, which may be
erected thereon for the purpose of exploring for,
developing, or producing resources therefrom, or
any such installation or other device (other than
a ship or vessel) for the purpose of transporting
such resources, to the same extent as if the outer
Continental Shelf were an area of exclusive Federal jurisdiction located within a State: Provided,
however, That mineral leases on the outer Continental Shelf shall be maintained or issued only
under the provisions of this subchapter.
(2)(A) To the extent that they are applicable
and not inconsistent with this subchapter or with
other Federal laws and regulations of the Secretary now in effect or hereafter adopted, the civil
and criminal laws of each adjacent State, now in
effect or hereafter adopted, amended, or repealed
are declared to be the law of the United States
for that portion of the subsoil and seabed of the
outer Continental Shelf, and artificial islands and
fixed structures erected thereon, which would be
within the area of the State if its boundaries
were extended seaward to the outer margin of the
outer Continental Shelf, and the President shall
determine and publish in the Federal Register
such projected lines extending seaward and defining each such area. All of such applicable laws
shall be administered and enforced by the appropriate officers and courts of the United States.
State taxation laws shall not apply to the outer
Continental Shelf.
(B) Within one year after September 18, 1978,
the President shall establish procedures for setting 1 any outstanding international boundary dispute respecting the outer Continental Shelf.
(3) The provisions of this section for adoption of
State law as the law of the United States shall
never be interpreted as a basis for claiming any
interest in or jurisdiction on behalf of any State
for any purpose over the seabed and subsoil of
the outer Continental Shelf, or the property and
natural resources thereof or the revenues therefrom.
(b) Longshore and Harbor Workers’ Compensation Act applicable; definitions
With respect to disability or death of an employee resulting from any injury occurring as the
result of operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline
the natural resources, or involving rights to the
natural resources, of the subsoil and seabed of
the outer Continental Shelf, compensation shall
be payable under the provisions of the Longshore
1

So in original. Probably should be “settling”.

Page 1038

and Harbor Workers’ Compensation Act [33 U.S.C.
901 et seq.]. For the purposes of the extension of
the provisions of the Longshore and Harbor Workers’ Compensation Act under this section—
(1) the term “employee” does not include a
master or member of a crew of any vessel, or
an officer or employee of the United States or
any agency thereof or of any State or foreign
government, or of any political subdivision thereof;
(2) the term “employer” means an employer
any of whose employees are employed in such
operations; and
(3) the term “United States” when used in a
geographical sense includes the outer Continental Shelf and artificial islands and fixed structures thereon.
(c) National Labor Relations Act applicable
For the purposes of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], any
unfair labor practice, as defined in such Act, occurring upon any artificial island, installation,
or other device referred to in subsection (a) of
this section shall be deemed to have occurred
within the judicial district of the State, the laws
of which apply to such artificial island, installation, or other device pursuant to such subsection,
except that until the President determines the
areas within which such State laws are applicable, the judicial district shall be that of the State
nearest the place of location of such artificial island, installation, or other device.
(d) Coast Guard regulations; marking of artificial
islands, installations, and other devices; failure of owner suitably to mark according to
regulations
(1) The Secretary of the Department in which
the Coast Guard is operating shall have authority
to promulgate and enforce such reasonable regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, installations, and
other devices referred to in subsection (a) or on
the waters adjacent thereto, as he may deem necessary.
(2) The Secretary of the Department in which
the Coast Guard is operating may mark for the
protection of navigation any artificial island, installation, or other device referred to in subsection (a) whenever the owner has failed suitably to
mark such island, installation, or other device in
accordance with regulations issued under this subchapter, and the owner shall pay the cost of such
marking.
(e) Authority of Secretary of the Army to prevent
obstruction to navigation
The authority of the Secretary of the Army to
prevent obstruction to navigation in the navigable waters of the United States is extended to the
artificial islands, installations, and other devices
referred to in subsection (a).
(f) Provisions as nonexclusive
The specific application by this section of certain provisions of law to the subsoil and seabed of
the outer Continental Shelf and the artificial islands, installations, and other devices referred to
in subsection (a) or to acts or offenses occurring

Page 1039

§ 1334

TITLE 43—PUBLIC LANDS

or committed thereon shall not give rise to any
inference that the application to such islands and
structures, acts, or offenses of any other provision of law is not intended.
(Aug. 7, 1953, ch. 345, § 4, 67 Stat. 462; Pub. L.
93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L.
95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635;
Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat.
1654.)
References in Text
The Longshore and Harbor Workers’ Compensation Act,
referred to in subsec. (b), is act Mar. 4, 1927, ch. 509, 44
Stat. 1424, as amended, which is classified generally to
chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to
the Code, see section 901 of Title 33 and Tables.
The National Labor Relations Act, as amended, referred
to in subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449,
as amended, which is classified generally to subchapter
II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section
167 of Title 29 and Tables.

failed suitably to mark such island, installation, or other
device in accordance with regulations issued under this
subchapter, and the owner shall pay the cost of such
marking” for “such island or structure whenever the owner
has failed suitably to mark the same in accordance with
regulations issued hereunder, and the owner shall pay
the cost thereof”, and struck out provisions which had
made failure or refusal to obey any lawful rules and regulations a misdemeanor punishable by a fine of not more
than $100, with each day during which such a violation
would continue to be deemed a new offense. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95–372, § 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted “the artificial islands,
installations, and other devices referred to in subsection
(a)” for “artificial islands and fixed structures located
on the outer Continental Shelf”. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95–372, § 203(e)(3), (h), redesignated subsec. (g) as (f) and substituted “the artificial islands, installations, and other devices” for “the artificial islands and fixed structures”. Former subsec. (f) redesignated (e).
1975—Subsec. (a)(2). Pub. L. 93–627 substituted “now in
effect or hereafter adopted, amended, or repealed” for
“as of the effective date of this Act” in first sentence.

Amendments
1984—Subsec. (b). Pub. L. 98–426 substituted “Longshore
and Harbor Workers’ Compensation Act” for “Longshoremen’s and Harbor Workers’ Compensation Act”.
1978—Subsec. (a)(1). Pub. L. 95–372, § 203(a), substituted
“, and all installations and other devices permanently
or temporarily attached to the seabed, which may be
erected thereon for the purpose of exploring for, developing, or producing resources therefrom, or any such installation or other device (other than a ship or vessel) for
the purpose of transporting such resources,” for “and
fixed structures which may be erected thereon for the
purpose of exploring for, developing, removing, and transporting resources therefrom,”.
Subsec. (a)(2). Pub. L. 95–372, § 203(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95–372, § 203(c), (h), redesignated
subsec. (c) as (b) and substituted “conducted on the outer
Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline the natural
resources, or involving rights to the natural resources,
of the subsoil and seabed of the outer Continental Shelf,”
for “described in subsection (b) of this section,”. Former
subsec. (b), relating to the jurisdiction of United States
district courts over cases and controversies arising out
of or in connection with operations conducted on the
outer Continental Shelf, was struck out. See section 1349(b)
of this title.
Subsec. (c). Pub. L. 95–372, § 203(d), (h), redesignated
subsec. (d) as (c) and substituted “artificial island, installation, or other device referred to in subsection (a) of
this section shall be deemed to have occurred within the
judicial district of the State, the laws of which apply to
such artificial island, installation, or other device pursuant to such subsection, except that until the President
determines the areas within such State laws are applicable, the judicial district shall be that of the State nearest the place of location of such artificial island, installation, or other device” for “artificial island or fixed
structure referred to in subsection (a) of this section
shall be deemed to have occurred within the judicial district of the adjacent State nearest the place of location
of such island or structure”. Former subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 95–372, § 203(e)(1), (f), (h), redesignated subsec. (e)(1) as (d)(1), substituted “Secretary”
for “head” and “artificial islands, installations, and other
devices” for “islands and structures”. Former subsec. (d)
redesignated (c).
Subsec. (d)(2). Pub. L. 95–372, § 203(g), (h), redesignated
subsec. (e)(2) as (d)(2) and substituted “Secretary” for
“head” and “artificial island, installation, or other device referred to in subsection (a) whenever the owner has

Transfer of Functions
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities and
functions of the Secretary of Transportation relating
thereto, to the Department of Homeland Security, and
for treatment of related references, see sections 468(b),
551(d), 552(d), and 557 of Title 6, Domestic Security, and
the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.

§ 1334. Administration of leasing
(a) Rules and regulations; amendment; cooperation with State agencies; subject matter and
scope of regulations
The Secretary shall administer the provisions
of this subchapter relating to the leasing of the
outer Continental Shelf, and shall prescribe such
rules and regulations as may be necessary to carry
out such provisions. The Secretary may at any
time prescribe and amend such rules and regulations as he determines to be necessary and proper
in order to provide for the prevention of waste
and conservation of the natural resources of the
outer Continental Shelf, and the protection of correlative rights therein, and, notwithstanding any
other provisions herein, such rules and regulations shall, as of their effective date, apply to all
operations conducted under a lease issued or maintained under the provisions of this subchapter. In
the enforcement of safety, environmental, and conservation laws and regulations, the Secretary shall
cooperate with the relevant departments and agencies of the Federal Government and of the affected States. In the formulation and promulgation of
regulations, the Secretary shall request and give
due consideration to the views of the Attorney
General with respect to matters which may affect competition. In considering any regulations
and in preparing any such views, the Attorney
General shall consult with the Federal Trade Commission. The regulations prescribed by the Secretary under this subsection shall include, but not
be limited to, provisions—
(1) for the suspension or temporary prohibition of any operation or activity, including production, pursuant to any lease or permit (A) at